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HOME PAGE INDUSTRIES LIMITED v. TNT COURIER SERVICES LIMITED

(2018) JELR 38498 (CA)

Court of Appeal  •  CA/L/366/2017  •  10 Jul 2018  •  Nigeria

Coram
BIOBELE ABRAHAM GEORGEWILL JCA; UGOCHUKWU ANTHONY OGAKWU JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, Coram: Adamson, J. in SUIT NO. LD/2418/2010: HOME PAGE INDUSTRIES LTD v. TNT COURIER SERVICES LTD. The facts that spawned the appeal are that the Appellant, which was the Claimant at the lower Court, was expecting a courier package from its business partners in Iran, which package contained a Bill of Lading for goods shipped to the Appellant and which goods were aboard a vessel that was to berth at Apapa Port. The Appellant's case is that the Respondent was in breach of the contract having failed and/or neglected to deliver the package, which it received on 25th March 2009, to the Appellant until 24th April 2009.

The Respondents case is that the delay in delivering the package to the Appellant was occasioned by the National Drug Law Enforcement Agency (NDLEA) having put the package ON HOLD and that by the exclusion clause in its contract with the App…

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